S. 1584 would prohibit employment discrimination on the basis of sexual orientation or gender identity.
Detailed Summary
Employment Non-Discrimination Act of 2009 - Prohibits employment discrimination on the basis of actual or perceived sexual orientation or gender identity by covered entities (employers, employment agencies, labor organizations, or joint labor-management committees). Prohibits preferential treatment or quotas. Allows only disparate treatment claims.
Prohibits related retaliation.
Makes this Act inapplicable to: (1) religious organizations; and (2) the relationship between the United States and members of the Armed Forces. Declares that this Act does not repeal or modify any federal, state, territorial, or local law creating a special right or preference concerning employment for a veteran.<br>
Provides for the construction of this Act regarding: (1) enforcement by employers of rules and policies; (2) sexual harassment; (3) certain shared facilities such as showers or dressing facilities; (4) construction of new or additional facilities; (5) dress and grooming standards; and (6) provision of employee benefits to married vs. unmarried couples. Declares that, in this Act, "married" refers to a legal union between one man and one woman.
Prohibits the Equal Employment Opportunity Commission (EEOC) from collecting statistics from covered entities on actual or perceived sexual orientation or gender identity or compelling the collection by covered entities of such statistics.
Provides for enforcement, including giving the EEOC, the Librarian of Congress, the Attorney General, and U.S. courts the same enforcement powers as they have under specified provisions of the Civil Rights Act of 1964, the Government Employee Rights Act of 1991, and other specified laws.
Allows actions and proceedings, subject to exception, against the United States and the states.
Status of the Legislation
Latest Major Action: 11/5/2009: Senate committee/subcommittee actions. Status: Committee on Health, Education, Labor, and Pensions. Hearings held.
Points in Favor
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Points Against
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Visitor Comments
Meghan S
August 6, 2009, 11:57am (report abuse)About time !
In 2009, in a diverse country as America, in a country that claims to be against tyranny, it is still LEGAL in 38 states because they are Transgender, and still LEGAL in 29 states because of their Sexual Orientation. This is WRONG America. Pass this Bill and bring fairness to the workplace, accepting LGBT employees based on their merits, not their Orientation or Identity
Meghan S
August 6, 2009, 11:59am (report abuse)About time !
In 2009, in a diverse country as America, in a country that claims to be against tyranny, it is still LEGAL in 38 states to fire someone because they are Transgender, and still LEGAL in 29 states to fire someone because of their Sexual Orientation. This is WRONG America. Pass this Bill and bring fairness to the workplace, accepting LGBT employees based on their merits, not their Orientation or Identity
Michele
August 10, 2009, 9:35pm (report abuse)This bill would not bring fairness to the workplace...It would tie the hands of employers to hire and fire based on performance. The employers would be put in a position to hire or not fire someone because of the persons sexuality or gender identity. It will promote bogus lawsuits.
Kelly
August 17, 2009, 5:37pm (report abuse)This bill will prevent employers from firing an employee just because the employee is gay. We should have done this 30 years ago. This bill is about treating all employees fairly. This bill is about ending discrimination in the workplace.
Edie Calvin
August 26, 2009, 7:13am (report abuse)I have been transgender all my life. I am currently holding a key position with a 100+ year old company and always afraid of losing my job as I approach the day that I have SRS. Pass ENDA